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Lowells Claimform - old Doorstep Provi loan - Submitting defence on the last day


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Update:

I received a letter from Lowell over a month ago stating that they are waiting for the signed credit agreement to come through from Provident.

I have not heard from them since.

 

 

I have also received a form from the the county court which is titled

'Notice of Proposed Allocation to the Small Claims Track' which I believe is an N180 form.

So should I agree to the case being referred to the small claims mediation service?

 

One of the questions which requires a yes or no answer states

"I can confirm that I have enough information about the claim, to allow me to enter in to negotiations"

 

Since I have not been sent the signed credit agreement should that mean that I do not have enough information about the claim to enter negotiations?

 

Thanks

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for the minute you agree to mediation.

the rest is obv

one witness you

 

 

one copy to the court

one to lowells sols

unsigned without email/phone.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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under mediation you are expect to willingly be seem to co-operate

you continue to answer yes to the paperwork question giving them time to produce it

eventually you'll get poss an email ans yes again]

then a phone call from mediation service wanting to sent a date

its THEN that you state NO, the claimant has failed to provide any paperwork

mediation will fail.

 

 

you need to read a few threads to get upto speed upon processes

 

 

as far as you list of read threads go, only 2 relevant ones have been viewed here

unless you are doing it when not logged in...

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I see, thanks. The first thing I did was look at other threads. I only log in when posting to this thread. I guess I didn't look hard enough. So many places to look, so little time.

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  • 2 months later...

So it has been a while but I have finally heard back from Lowell. They have sent me...

 

* a copy of the original signed agreement

* a copy of a letter showing they have been assigned the debt

* an excel sheet showing payments

 

They have not sent me a copy of any default notices though.

 

I am not sure what to do from here to be honest. Court date is set for the end of next month

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scan it up to one multipage pdf please

click upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

They state that here would be no need for a default notice on a fixed term loan because the term had ended...but then refers to you having arrears ?

 

That being the case then they would have to give you notice of Sums in Arrears ?

 

Andy

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If the term had expired no...depends when the arrears happened ?

 

No two different entities.

We could do with some help from you.

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The agreement started June 2011 and was set to finish June 2012.

Looking at the repayment sheet it must of gone into arrears December 2011.

 

I read that a default notice must be issued before a debt is sold.

Would that not apply in this case?

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The agreement started June 2011 and was set to finish June 2012.

Looking at the repayment sheet it must of gone into arrears December 2011.

 

Then there would be need for a default notice to be issued

 

I read that a default notice must be issued before a debt is sold.

Would that not apply in this case? Not true but debts are usually assigned if there is a default or the agreement has broken down

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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So with this being on the small claims track, is it true what Lowell are saying in regards to not needing a default notice?

What is time period in which a creditor MUST send a default notice?

 

Also, with it being small claims, would that mean they do not have to comply with the 7 day deadline to produce the signed agreement, default notice etc...

 

It actually took them over 4 months. They sent it on the very last day before the case was about to be struck out. It is like they were waiting until the very last moment for some reason which seems odd. Anyway, looking at other threads a defendant usually gets something like 28 days from when they received the CCA to respond to the claimant before they take further action but in my case I got the CCA 1 day after the claim was supposed to be struck out.

 

So there was no time to respond before they paid the trial fee etc.. as they had already done that before I got the CCA.

Edited by angelino
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So with this being on the small claims track, is it true what Lowell are saying in regards to not needing a default notice?

 

No nothing to do with Small Claims Track

 

What is time period in which a creditor MUST send a default notice?

 

Normally within 3 missed payments can vary up to 6 subject to the ICO guidlines

 

Also, with it being small claims, would that mean they do not have to comply with the 7 day deadline to produce the signed agreement, default notice etc...

 

No...disclosure applies to all tracks but disclosure comes later after allocation not before a defence

 

It actually took them over 4 months. They sent it on the very last day before the case was about to be struck out. It is like they were waiting until the very last moment for some reason which seems odd. Anyway, looking at other threads a defendant usually gets something like 28 days from when they received the CCA to respond to the claimant before they take further action but in my case I got the CCA 1 day after the claim was supposed to be struck out.

 

A creditor gets 12 +2 days to comply with a CCA request...irrespective of a court claim or not

 

So there was no time to respond before they paid the trial fee etc.. as they had already done that before I got the CCA.

 

I think you need to read up on the process angelino as you seem to be very confused on the process

Andy

We could do with some help from you.

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CPR 31.14 is a civil request..its not mandatory that they comply...and it does apply as the claim is trackless until allocated.The CCA request is a different matter..thats a legal request and unless they are able to comply they are prevented from enforcing the agreement without a court order.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 2 weeks later...

Yes

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you read section 77 of the CCA1974 it explains all the duties the creditor must comply with to legally satisfy your request.

 

http://www.legislation.gov.uk/ukpga/1974/39/section/77

 

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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